NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir....

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LITIGATION - 1996 1ST QUARTER REPORT LOC NOM HC FTC BIV om ANS PEN CLD H/T AWD SET AWD/SET MXR 40 12 '5 16 7. 44 277 25 1 0 (j $ 0.00 NCR 76 33 *0 35 1 76 48 28 0 0 1 $ 90,000.00 HER 81 28 9 41 3 60 540 81 3 0 1 $ 165,000.00 SCR 44 23 6 12 3 25 293 8 **5 0 0 $ 0.00 SER 46 15 10 17 4 40 546 57 0 0 4 $ 203,120.00 WXR 45 18 4 21 2 0 333 141 3 0 2 $ 57,500.00 CO 8 2 0 0 0 0 0 0 0 0 0 $ 617,000.00 TOT 340 131 34 142 20 245 2,037 346 12 0 ·5 \ $ 1,132,620. **One case was several times in previous monthly reports due to rescheduling of the hearing. DEFINITIONS LOC - Location NOM - Total Number of Lawsuits Filed in Quarter HC - Number of Habeas Corpus Actions Filed in Quarter FTC - Number of FTCA Actions Filed in Quarter BIV - Number of Bivens Actions Filed in OTH - Other Actions Filed in Quarter ANS - Number of Litigation Reports Completed PEN - Number of Actions Pending CLD Number of Actions Closed H/T - Number of Hearings or Trials (Narrative Analysis Follows) AWD - Number of Awards (Narrative Analysis Follows) SET - Number of Settlements (Narrative Analysis Follows) AWD/SET - Dollar Amount of Settlements and Awards * - These are estimates due to problems LITIGATION ANALYSIS There was a in the number of lawsuits filed since the previous quarter with 358 being filed in the fourth quarter and 340 filed this quarter. The number of FTCA and Bivens actions dropped this quarter. The dollar amount of awards/settlements decreased by approximately $490,000.

Transcript of NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir....

Page 1: NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed

LITIGATION - 1996 1ST QUARTER REPORT

LOC NOM HC FTC BIV om ANS PEN CLD H/T AWD SET AWD/SET

MXR 40 12 '5 16 7. 44 277 25 1 0 (j $ 0.00

NCR 76 33 *0 35 1 76 48 28 0 0 1 $ 90,000.00

HER 81 28 9 41 3 60 540 81 3 0 1 $ 165,000.00

SCR 44 23 6 12 3 25 293 8 **5 0 0 $ 0.00

SER 46 15 10 17 4 40 546 57 0 0 4 $ 203,120.00

WXR 45 18 4 21 2 0 333 141 3 0 2 $ 57,500.00

CO 8 2 0 0 0 0 0 0 0 0 0 $ 617,000.00

TOT 340 131 34 142 20 245 2,037 346 12 0 ·5 \ $ 1,132,620.

**One case was report~d several times in previous monthly reports due to rescheduling of the hearing.

DEFINITIONS

LOC - Location NOM - Total Number of Lawsuits Filed in Quarter HC - Number of Habeas Corpus Actions Filed in Quarter FTC - Number of FTCA Actions Filed in Quarter BIV - Number of Bivens Actions Filed in Q~arter OTH - Other Actions Filed in Quarter ANS - Number of Litigation Reports Completed PEN - Number of Actions Pending CLD Number of Actions Closed H/T - Number of Hearings or Trials (Narrative Analysis Follows) AWD - Number of Awards (Narrative Analysis Follows) SET - Number of Settlements (Narrative Analysis Follows) AWD/SET - Dollar Amount of Settlements and Awards * - These are estimates due to da~abase problems

LITIGATION ANALYSIS There was a r~duction in the number of lawsuits filed since the previous quarter with 358 being filed in the fourth quarter and 340 filed this quarter. The number of FTCA and Bivens actions dropped this quarter. The dollar amount of awards/settlements decreased by approximately $490,000.

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(,' 1996 QUARTERLY LITIGATION REPORT

FIRST QUARTER

I. SIGNIFICANT HEARINGS AND TRIALS

SOUTH CENTRAL REGION

Ayala v. Reeves County. et aI., P-95-CA-29 (W.O. Tex.) This case went to trial the week of December 11, 1995, and involved allegations by inmates at the Reeves County Law Enforcement Center (a contract facility) that they were assaulted by staff at the Reeves County Jail. The suit sought damages from Reeves County, a number of Reeves County employees, the U. S., and Charles Tumbo. Mr. ·Tumbo was scheduled to testify at the trial. The case as to Mr. Turnbo was dismissed at the close of the plaintiff's case. The Federal Tort Claims Act (FTCA) claim against the U. S. was also resolved in favor of the U. S., and the jury found in favor of the County defendants.

II. SETTLEMENTS AND AWARDS

NORTH CENTRAL REGION

Harrod v. United States, Civ. No. 92-C-7716 (N.D. ILL.) MCC Chicago The court returned a verdict against the United States of $90,000 in this FTCA medical malpractice case. Plaintiff sued alleging he was given aspirin at MCC Chicago which aggravated the bleeding in his aneurysm.

NORTHEAST REGION

Worthington v. Bureau of Prisons, Civ. No. 89-7048 (S.D. N.Y.) FCIOtisville This FTCA case was brought by a former inmate who alleged improper medical treatment. Worthington was received at FCI Otisville on January 8, 1987 with ac;tvanced glaucoma in his left eye and eventually lost the vision in his eye. Case was settled for $190,000. The United States will pay $165,000; the contract optometrist will pay $25,000.

SOUTHEAST REGION

Raoul Chasse v. United States, FGAN, I :94-CV-2404-MHS. A civilian sued under the FTCA based on an accident in Atlanta, that occurred in 1992 \\"ith a rental vehicle driven by a BOP employee on travel status. On November 20, 1995. the case was settled by Budget Rental Car for $3,000.00.

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Sherrie Lynn Webb v. U. S., 95-50023/RV. FCI Marianna This is an FTCA case filed by an inmate who was incarcerated in FCI Marianna and alleged that

. she was sexually assaulted by fonner staff member, Lovett, and that staff failed to take protective action when she reported it. The FTCA case was settled for $200,000.00 and the individual government defendants were dismissed. Only former officer Lovett remains in the case.

Andrew Walker v. U. S., 1:95-CV-278-0DE. FTCA property settlement. $20.00

Robert Vestal Davis v. U. S., 95-50017/RV. FTCA property settlement. $100.00

WESTERN REGION

Glenn Houston Thomas v. U.S.A., CV-95-3027/SWV, (C.D. Cal.) USP Terre Haute

This is an FTCA lawsuit. The inmate claimed that medical staff at Terre Haute did not provide proper care for blisters on his feet which resulted in them becoming ulcerated and the eventual amputation of his left foot at Springfield. The case was settled for $7,500.

John Stephen Wilson v. U.S.A., CV-93-1077-RAP, (C.D. Cal.) MDC-LA

This is an FTCA lawsuit. The inmate claimed that medical staff did not properly diagnose and treat an injury he sustained to his left ankle. He also claimed that the inadequate diagnosis and treatment caused a subsequent injury to his left knee. Judgment was entered against the U.S. for $50,000.

CENTRAL OFFICE

Washington, et a1. v. Reno, et aI., No. 93-217, 93-270, (E.D. Ky.) This is a class action brought by inmates who challenged the BOP's Inmate Telephone System. The case settled on November 3, 1995. The Settlement Agreement provides, among other things .. (1) BOP will procure a New Telephone System; (2)for four years from the date of an award of the New Telephone System contract, the BOP will allow inmates to make at least 120 minutes a month of collect calls; (3) while this new phone system is being procur~d the BOP will maintain the status quo for phone privileges; (4) the BOP will give $4 million to the Commissary Fund to be distributed to federal correctional institutions; (5) the BOP will destroy all copies of the Request for Telephone Privilege fonn; (6) the BOP will conduct a survey comparing the prices

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of items sold in commissaries of several correctional institutions with prices similar items sold in community stores; (7) inmates who refuse to participate in the Inmate Financial Responsibility Program will be allowed to make at least 60 minutes of debit phone calls per month; and (8) the

. Settlement Agreement will be in effect for four years from the award of a contract for the New Telephone System. Attorneys fees and costs were settled for $617,000, paid by the Bureau of Prisons.

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III. CASES OF INTEREST

NORTHEAST REGION

Malik v. Wilkerson, No. 94-1606 (3d Cir. 1995) FCI Otisville The Third Circuit reversed a district court order and granted a mandamus petition filed by Inmate Adbul-Jabbor Malik, 80768-054. The district court had ordered expunction of three DHO findings from June 1993, two for assault on staff, and one for threatening staff. In an unpublished decision, the Court of Appeals held that under Sandin v. Conner, 115 S. Ct. 2293 (1995), there were no constitutional violations in this case.

Deutsch v. United States, 67 F.3d 1080 (3d Cir. 1995) Inmate Deutsch filed for in forma pauperis (IFP) status in conjunction with a FTCA complaint in which he alleged that Bureau of Prisons staff took his pens worth $4.20. The district court granted IFP status, but dismissed the complaint as frivolous since it only sought a "trifle" amount

. of damages, and was not worth consideration by the court. The Third Circuit affirmed.

SOUTH CENTRAL REGION

Arturo Gardea v. United States - Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed by an independent

contractor, was injured while working at FPC EI Paso, and filed this FTCA action. The district court granted our motion for summary judgment because the plaintiff was not an employee of the

. government, but rather was an employee of a construction company with whom the government had contracted. The Fifth Circuit affirmed the district court decision, holding that the government was not liable because of the independent contractor exception to the FTC A.

Rounsavall v. USA - B-95-163 (S.D. Tex.) FPC Bryan A former inmate filed an FTCA suit based on alleged rape by a former correctional officer at FPC Bryan. We denied the administrative claim based on scope of employment considerations. and will raise the same defense in the litigation. The fonner correctional officer pled guilty to a lesser charge in connection with this assault.

SOUTHEAST REGION

U.S. v. Battle An indictment was issued on November 21, 1995. The charges involve the stabbing death of a USP Atlanta Correctional Officer in December, 1994. Arraignment \vas on December 4, 1995.

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LITIGATION - 1996 FIRST QUARTER REPORT OCTOBER 1, 1995 THROUGH DECEMBER 31, 1995

LOC NOM HC TC BIV OT ANS PEN

MXR 40 12 5 16 7 44 277

HER 81 28 9 41 3 60 540

SER 46 15 10 17 4 40 546

NCR 76 33 *0 35 1 76 48

SCR 44 23 6 12 3 25 293

WXR 4S 18 4 21 2 0 333

CO 8 2 0 0 0 0 0 ".

TOT 340 131 34 142 20 245 2037

CLD HIT AWD SET AWD

25 1 0 0 $ o.

81 3 0 1 $165000.

57 0 0 4 $203120.

28 0 0 1 $90000.

8 **5 0 0 $ o.

141 3 0 2 $57500.

0 0 0 0 $617000.

346 12 0 8 $1.132.620.

**One Case was· reported several times in previous monthly reports due to rescheduling of the hearing. *These are estimates due to database problems

DEFINITIONS;

LOC - Location NOM - Number of Total Lawsuits Filed in Quarter BC - Number of Babeas Corpus Actions Filed TC - Number of FTCA Actions Filed BIV - Number of Bivens Actions Filed OT Other Actions Filed ANS - Number of Litigation Reports Completed PEN - Pending CLD - Number of Actions Closed H/T - Number of Bearings or Trials (Narrative analysis follows) SET - Number of Settlements (Narrative analysis follows) AWD - Amount of Awards/Settlements

LITIGATION - 1995 FOURTH QUARTER REPORT JULy 1, 1995 THROUGH SEPTEMBER 30, 1995

LOC NOM BC . TC BIV OT ANS

MXR 33 " 15 3 10 5 32

HER ,99 22 14 52 11 62

SER 48 23 8 17 0 15

NCR 73 38 5 26 4 10

SCR 57 28 7 15 7 32

WXR 37 15 10 12 0 20

CO 11 2 0 3 6 7

TOT 358 143 47 135 33 178

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PEN CLD B/T AWD

263 49 2 1

540 51 7 0

557 26 0 1

819 20 2 0

301 22 3 0

323 129 6 1

192 6 4 0

2995 303 24 3

SET AWD

1 $12500.

4 $215187.

1 $400.

1 $2500.

2 $838.50

2 $1951l.'6

1 $700000.

11 $950n •. l6

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U.S. Department of Justice

Federal Bureau of Prison~

Ii ·UC;iWII!lOl:. DC 2053.J

April 22, 1996

MEMORANDUM FOR GEORGE E. PRUDEN, II ASSOCIATE GENERAL COUNSEL

FROM:

SUBJECT:

..... ,/Jane B. Reamon EEO Officer

Quarterly Report - FY 1996 First Quarter Statistics

Attached is the quarterly report for the First quarter of FY 1996.

If you have any questions, please let know.

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SETTLEMENTS OF EMPLOYMENT DISCRIMINATION COMPLAINTS IN THE FEDERAL BUREAU OF PRISONS

OCTOBER 1 - DECEMBER 31, 1995

Northeast Region

1. P-94-8576, P-95-8664, and P-95-8741. The complainant filed three' complaints against FCI Fort Dix alleging discrimination because of race (African-American) and retaliation for filing the initial complaint when he was suspended for 5 days for unauthorized of government property; h~ was placed on Absent Without Leave (AWOL) status twice; he was denied leave; he was required to pay a debt to the Business Officej and a poor performance evaluation was given to a prospective employer in an untimely manner by FCI Fort Dix.

Terms of Settlement: The complaints were settled at the time of a hearing before the Merit Systems Protection Board on his termination'. The terms are as follows: (1) the Bureau agrees to expunge all negative information, including two letters, from his official personnel file; (2) the Bureau agrees to reinstate complainant as a Correctional Officer (Senior Officer Specialist) at MDC Los Angeles; (3) the Bureau agrees to pay relocation expenses; and (4) the complainant will withdraw all his EEO complaints.

2. P-95-8664. The complainant filed a complaint alleging discrimination because of "race (African-American) when he was counseled regarding his performance and he received a memorandum regarding his performance deficiencies, and he was threatened regarding his continued employment.

Terms of Settlement: This complaint was withdrawn by the complainant following fact-finding/mediation by EEO Investigator Kevin Crawfoot.

South Central Region

3. P-95-8753. The complainant alleged that he had been retaliated for prior EEO participation when he was not selected for the Case Management Coordinator position at FCI La Tuna.

Terms of ·Settlement. The complaint was settled during fact­finding/mediation by EEO Investigator Henry Navarro. The complainant will be given priority consideration for the .next Case Management Coordinator position at FCI.La Tuna.

SGutheast Region

4. P-95-86S2. The complainant alleged that he had been discriminated against because of his disability (left leg amputated above the knee) when he was not selected for a Correcti.onal Officer position nor for the Reception Officer (Front Lobby) position at MDC Guaynabo.

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Terms of Settlement. This complaint was settled during fact­finding mediation by EEO Investigator Henry Navarro. The Bureau agrees to offer the complainant the next available position of Reception Officer (Front Lobby) at MDC Guaynabo.

Western Region

5. P-95-8731. Complainant alleged that she had been discriminated against because-of her sex when she was hara~sed by the Union President at MCC San Diego because she is a female department head.

Terms of Settlement. This complaint was settled during fact­finding/mediation by EEO Investigator Henry Navarro. Since the Union President has been transferred to another facility, the Bureau agrees to advise the Warden at his new facility of the issues surrounding this complaint. The complainant wants to ensure that the incident does not repeat itself and/or that management at his new facility is fully aware of the issues in this complaint.

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EEO - FIRST QUARTER REPORT 1996 OCTOBER 1, .1995 THROUGH DECEMBER 31, 1995

LOC NO N RL

MXR 10 0 0

HER 10 1 0

SER 6 0 0

NCR 10 1 0

SCR 6 1 0

WXR 4 0 0

CO 0 0 0

TOT 46 3 0

NARRATIVE ANALYSIS LOC - LOCATION

R D S RP

3 1 3 3

4 4 3 5

4 2 2 2

3 2 5 6

4 2 1 3

3 0 1 2

0 0 0 0

21 11 15 21

A

0

1

2

0

2

1

0

6

NO TOTAL NUMBER OF EEO COMPLAINTS FILED

ST C

0 2

4 3

4 3

0 7

1 5

3 3

0 3

12 26

N NUMBER OF NATIONAL ORIGIN COMPLAINTS FILED

FD P 0

0 24 6

3 22 4

1 19 7

2 30 6

2 17 8

6 18 7

1 2 0

15 132 38

RL NUMBER OF COMPLAINTS FILED ALLEGING RELIGIOUS DISCRIMINATION R NUMBER OF COMPLAINTS FILED ALLEGING RACIAL DISCRIMINATION D NUMBER OF COMPLAINTS FILED BASED ON DISABILITY S NUMBER OF COMPLAINTS FILED BASED ON SEX RP NUMBER OF COMPLAINTS FILED BASED ON REPRISAL A NUMBER OF COMPLAINTS FILED BASED ON AGE ST NUMBER OF COMPLAINTS SETTLED C NUMBER OF COMPLAINTS CLOSED BY BOP EEO STAFF FD NUMBER OF FINAL AGENCY DECISIONS ISSUED BY THE CAO AND/OR DOJ

DISMISSALS, CANCELLATIONS, OR REJECTIONS P NUMBER OF COMPLAINTS PENDING o NUMBER OF COMPLAINTS OVER 189 DAYS BEING PROCESSED UNDER 1614

BEYOND THE EXTENSION PERIOD

EEO - FOURTH QOARTER REPORT 1995 JULy 1, 1995 THROUGH SEPTEMBER 30, 1995

LOC NO N RL R D S RP A ST C FD P 0

MXR 9 0 0 3 2 6 5 0 5 12· 1 16 3

HER 9 0 0 3 3 0 5 1 3 11 2 19 6 I

SER 4 1 0 2 1 2 2 1 6 16 5 20 7

NCR 14 1 0 1 6 9 3 0 3 18 1 28 4

SCR 3 0 0 1 0 2 1 1 3 15 2 17 6

WXR 8 2 1 4 1 3 5 1 1 7 1 18 6

CO 1 0 0 0 1 0 1 0 0 4 1 3 2

TOT 48 4 1 14 14 22 22 4 21 83 13 121 34

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QUARTERLY REPORT - ADMINISTRATIVE REMEDIES

OCTOBER THRU DECEMBER 1995

Administrative Remedy data is provided directly from the Key Indicator (KI/SSS) system. The first three of the attached reports show information on institution filings, regional appeals, and central office appeals aggregated for the Bureau as a whole (BOP - All Institutions). The remaining six reports display by region aggregate information in regional appeals filed by inmates in all institutions in that particular region.

Administrative Remedy data. for Community Corrections is provided in Part II of this Quarterly Report.

Some observations about the data in the attached reports are as follows.

o The total number of filings for this quarter showed a marked increase at the institution, regional office, and central office levels. Institution filings went from 3,551 to 3,682; regional appeals from 1,959 to 2,452; and central office appeals from 783 to 958.

o Grant rates for this quarter remained essentially the same at all levels. The grant rate at the institution level for this quarter was 16.3%, compared to 16.1% last quarter. The grant rate at the regional office level was 9.6%, compared to 9.5% the previous quarter. The grant rate at the central office level was 1.5%, compared to' 1.4% the previous quarter.

o UDC complaints surpass~d staff complaints as the highest category at the institution level, and increased from the previous quarter (12.1% or 429 of the 3,551 filed compared to 14.6% or 537 of the l,682 filed this quarter).

o Staff complaints was the second highest category at the institution level. Staff complaints made up 12.8%, or 473 of the 3,682 requests filed. Last quarter, Staff complaints

,ranked as the highest category at 13.2%, or 468 of the 3,551 requests filed.

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o Other categories in the top ten at the institution level were: Medical (9.6%), Classification (7.9%), Institution Operations (6.6%), Institution Programs (6.0%), Jail Time (5.8%), Special Housing (4.9%), Legal (4.4%), and Transfer (4.4%). The categories in the top ten remained 'fairly constant, except for the addition of Special Housing complaints.

o For regional appeals, the top five categories were: DHO appeals (41.4%, up from 31.9%): Jail Time (8.7%, up from 5.8%): UDC Actions (6.8%, down from 7.4%), Classification (6.2%, down from 7.2%): and Staff Complaints (5.5%, down from 6.4%). The same categories remained in the top five, except for Jail Time, which replaced Medical complaints.

o The highest number of regional appeals (590) was filed in the North Central Region, which has the third lowest number of inmates (13,849). The lowest number of appeals (257) was filed in the Western Region, which has the lowest nu~er of inmates (12, 782) • The Northeast Region had the sec.ond highest number of appeals filed (531), with the highest number of inmates (19,032).

o The highest percentage of grants at the regional office level was in the Mid-Atlantic Region (19.3% or 81)., Eighteen of the 81 grants were in the DHO Appeals category and 16 of the 81 grants were in the UDe Actions category. The second highest percentage of grants was in the Southeast Region (11.0% or 38). Nineteen of the 38 grants were in the DHO Appeals category. The lowest number of grants (18 or 3.6%) was in the North Central Region, which conversely has the highest number of appeals.

o At the central office level, filin9s for Jail Time appeals replaced DHO Appeals as the h1ghest category (24.3% or 224). This may be attributed to the number of appeals for early release eligibility for successful completion of a residential drug treatment program.

o Central office appeals in the DHO category (18.3% or 175) fe'll to the second highest category. The remaining categories in the top five were: Staff Complaints (7.7% or 74 appeals); Classification (5.9% or 57); and Medical (5.2% or 50). Medical had ranked second the previous quarter, but fell to the fifth highest category this quarter.

o Central Office response time for this quarter was 23.53 days, compared to 24.58 days the previous quarter, and remained stable in spite of a marked increase in filed cases.

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Date of request: 01/26/96 Summary Period: 18Sep95 thru 24Dec95 Number -of Months Found: 3

ADMINISTRATIVE RBMBDIES TRACKING DATA CENTRAL OFFICE APPEALS FOR: BOP--~l Institutions.

Institution Security Level: N/A Region: .

Number of Inmates in Population: 90251.597 (average daily over time span)

* * * * * * * * * * * * * * * * * * * * * * * * * *

Filed During Period: Answered During Period:

958 906

Pending at End of Period: 313 10 Overdue:

Answered On Time: Average Time for Response:

887( 97.9%) 23.53 days

REMEDIES INITIATED

SUBJECT BREAKDOWN

Classificatn Non-mail Com Comm Prgms . Staff Control Uriit r Appeals

~atn/Rec rwvd

( 1St Operatn " ... J.1St Program Le~al Mal.l Srch/Restrnt Spec Housing Transfer UDC Actions Visiting Work Assign

Dental Care Forced Med Medical Disability Mental Hlth Jail Time Records Sentence Com

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Number & Percent Submitted

87 4

49 119

o 295

20 3

53 43 43 29

1 26 51 75 17 35

11 o

75 5 2

269 23 48

6.3% 0.3% 3.5% 8.6% 0.0%

21.3% 1.4% 0.2% 3.8% 3.1% 3.1% 2.1% 0.1% 1.9% 3.7% 5.4% 1.2% 2.5%

0.8% 0.0% 5.4% 0.4%-0.1%

19.5% 1.7% 3.5%

TOTALS: 1383 100.0% % of Submitted: 100.0% % of Answered:

Number & Percent Rejected

30 1

20 45 o

120 10

1 21 13 11

3 o

11 16 27

5 9

2 o

25 1 1

36 7

10

7.1% 0.2% 4.7%

10.6% 0.0%

28.2% 2.4% 0.2% 4.9%

·3.1% 2.6% 0.7% 0.0% 2.6% 3.8% 6.4% 1.2% 2.1%

0.5% 0.0% 5.9% 0.2% 0.2% 8.5% 1.6% 2.4%

425 100.0% 30.7%

Reason for Rejection: - ~imely 103( 24.2%)

informal resolution O( 0.0%) __ cachments 88 ( 20. 7%)

Number & Percent Filed

57 3

29 74 o

175 10

2 32 30 32 26

1 15 35 48 12 26

9 o

SO 4 1

233 16 38

5.9% * 0.3% * 3.0% * 7.7% * 0.0% *

18.3% * 1.0%- * 0.2% * 3.3% * 3.1% * 3.3% * 2.7% * 0.1% * 1.6% * 3.7% * 5.0% * 1.3% * 2.7% *

0.9%- * 0.0% * 5.2% * 0.4%- * 0.1%- *

24.3% * 1.7%- * 4.0% *

* 958 100.0% *

69.3% * *

Wrong level Re-submit Other

* * * * * *

REMEDIES RESOLVED

Number & Percent Answered

59 2

24 62 o

173 8 2

34 33 37 26

1 15 32 45

9 30

7 o

41 2 o

215 13 36

6.5% 0.2% 2.6% 6.8% 0.0%

19.1% 0.9% 0.2% 3.8% 3.6% 4.1% 2.9% 0.1% 1.7% 3.5% 5.0% 1.0% 3.3%

0.8% 0.0% 4.5% 0.2% 0.0%

23.7% 1.4% 4.0%

906 100.0%

100.0%

Number &. Percent Granted

2 o o o o o o o 1 1 o o o o o o o o o o o o o 6 o 4

14

3.4% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 2.9% J.O% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%

0.0% 0.0% 0.0% 0.0% 0.0% 2.8% 0.0%

11.1%

N/A

1.5%

77( 18.1%) 213( 50.1%)

92( 21.6%) t !/SSS 1/26/1996 11:31 BOP-O page: 1 of 1

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Date of request: 01/26/96 SUlllDary Period: 18Sep95 thru 24Dec95 Number -of Months Found: 3

(' ADMINISTRATIVE RBMBDIBS TRACKING DATA

REGIONAL OFFICE APPEALS FOR: BOP--All Institutions.

Institution Security Level: N/A Region: .

Number of Inmates in Population: 90251.597 (average daily over time ~)

'* * * * '* * * '* * * * * * * * * * * * * * *. * '* * '*

Filed During Period: Answered During Period:

2452 2265

Pending at Bnd of Period: 854 5

Answered On Time: Aver~ge Time for Response:

2204( 97.3%') 25.73 days

OVerdue:

REMEDIES INITIATED * *

REMEDIES RESOLVED

. SUBJECT BREAKDOWN

Classificatn Non-mail Com Cormn Prgms Staff Control Unit ~ Appeals

;atn/Rec " 10 ",~d

( 1st Operatn ...... .;lst Program Le~al MaJ.l Srch/Restrnt Spec Housing Transfer UDC Actions Visiting Work Assign

Dental Care Forced Med Medical Disability Mental Hlth Jail Time Records Sentence Com

Number & Percent Submitted

206 13

109 284

3 1452

27 11 91

106 83 41

5 86

138 230

18 75

9 2

165 17 10

262 31 81

5.8% 0.4% 3.1% 8.0% 0.1%

40.8% 0.8% 0.3% 2.6% 3.0% 2.3% 1.2% 0.1% 2.4% 3.9% 6.5% 0.5% 2.1%

0.3% 0.1% 4.6% 0.5% 0.3% 7.4% 0.9% 2.3%

Number & Percent Rejected

53 3

33 148

o 437

8 4

41 27 29 11

1 51 51 64

6 19

2 1

39 3 3

48 7

14

4.8% 0.3% 3.0%

13.4% 0.0%

39.6% 0.7% 0.4% 3.7% 2.4% 2.6% 1.0% 0.1% 4.6% 4.6% 5.8% 0.5% 1.7%

0.2% . 0.1% 3.5% 0.3% 0.3% 4.4% 0.6% 1.3%

Number & Percent Filed

153 10 76

136 3

1015 19

7 SO 79 54 30

4 35 87

166 12 56

7 1

126 14

7 214

24 67

6.2% * 0.4% * 3.1% '* 5.5% * 0.1% '*

41.4% * 0.8% * 0.3% * 2.0% * 3.2% * 2.2% * 1.2% * 0.2% * 1.4% * 3.5% '* 6.8% '* 0.5% * 2.3% '*

0.3% '* 0"0% * 5.1% '* 0.6% '* 0.3% * 8.7% * 1.0% '* 2.7% *

'*

'* * '* *

Number & Percent Answered

155 9

75 147

2 793

20 5

54 96 59 38

4 26 72

153. 17 52

12 o

130 12

5 230

21 78

6.8% 0.4% 3.3% 6.5%· 0.1%

35.0% 0.9% 0.2% 2.4% 4.2% 2.6% 1.7% 0.2% 1.1% 3.2% 6.8% 0.8% 2.3%

0.5% 0.0% 5.7% 0.5% 0.2%

10.2% 0.9% 3.4%

TOTALS: 3555 100.0% 1103 100.0% 2452 100.0% * 2265 100.0% % of Submitted: 100.0% 31.0% 69.0% * % of Answered: '* 100.0%

Reason for Rejection: ... - "+:imely 168 ( 15.2%)'

informal resolution 23( 2.1%) . ~achments 84( 7.6%)

l, -/SSS 1/26/1996 11.: 31 BOP- 0

2749

Wrong level Re-submit Other

page: 1 of 1

Number & Percent Granted

8 o 2

11 o

89 o o 5 5 4 4 o 1 7

39 1 6

1 o

16 1 1

10 3 3

217

5.2% 0.0% 2.7% 7.5% 0.0%

11.2% 0.0% 0.0% 9.3% 5.2% 6.8%

10.5% 0.0% 3.8% 9.7%

25.5% 5.9%

11.5%

8.3% 0.0%

12.3% 8.3%

20.0% 4.3%

14.3% 3.8%

N/A

9.6%

146( 13.2') 276( 25.0t) 246( 22.3%)

Page 14: NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed

(

Date of request: 01/26/96 Summary Period: 18Sep95 thru 24De~95 Number-of Months Found: 3

ADMINISTRATIVE REMEDIES TRACKING DATA INSTITUTION FILINGS FOR: BOP--All Institutions.

Institution Security Level: N/A Region: .

Number of Inmates in Population: 90251.597 (average daily over time span)

'*' '*' '*' '*' '*' '*' '*' '*' '*' '*' '*' '*' '*' '*' '*' '*' '*' * * '*' '*' * '*' '*' * * Filed During Period: Answered During Period: Answered On Time: Average Time for Response:

3682 Pending at End of Period: 3607 OVerdue: 3257.( 90.3%)

13.86 days

931 235

REMEDIES INITIATED * *

REMEDIES RESOLVED

SUBJECT BREAKDOWN

Classificatn Non-mail Com Conun Prgms Staff Control Unit . "\ Appeals

.:atn/Rec ... ..,vd

Number & Percent Submitted

337 34

181 601

5 87 61 85

7.5% 0.8% 4.0%

Number &, Percent Rejected

47 8

22 128

5.9% 1.0% 2.7%

Number & Percent Filed

290~ 7.9% * 26 . O. 7% *

159 4.3% * 473\/' 12. 8 % *

4 0.1% * 9 0.2% *

51 1.4% '*'

* * * '*'

Number & Percent Answered

------287 23

165 468

4 11 61 67

8.0% O.G%' 4.6%

Number & Percent Granted

34 1

17 58 o 4

13

11.8% 4.3%

10.3% 12.4%

(" "lst Operatn ..... .llst Program Le~al MaJ.l Srch/Restrnt Spec Housing Transfer

298 246 214 108

13.4% 0.1% 1.9% 1.4% 1.9% 6.6% 5.5% 4.8% 2.4% 0.4% 5.4% 4.3%

1 78 10 10 56 26 51 11

16.0% 0.1% 9.7% 1.2% 1.2% 7.0% 3.2% 6.4% 1.4% 0.5% 7.5% 3.6%

75 2.0% * 242 '. 6.6% * 220.., 6.0% * 163 11" 4.4% *

97 2.6% '*'

14 0.4% * 181 4.9% * 163 4.4% * 537,,1 14.6% '*'

227 215 164

89 14

159 148 517

13.0% 0.1% 0.3% 1.7% 1.9% 6.3% 6.0% 4.5% 2.5% 0.4% 4.4% 4.1%

23 50 31 3S 14

0.0% 36.4% 21.3% 34.3% 22.0% 14.4% 21.3% 15.7%

tIDC Actions Visiting Work Assign

Dental Care Forced Med Medical Disability Mental Hlth Jail Time Records Sentence Com

18 241 192 669

67 190

24 4

396 36 16

22.6 60 88

14.9% 1.5% 4.2%

0.5% 0.1% 8.8% 0.8% 0.4% 5.0% 1.3% 2.0%

4 60 29

132 17 32

1 1

42 2 2

11 11 10

16.5% 2.1% 4.0%

0.1% 0.1% 5.2% 0.2% 0.2% 1.4% 1.4% 1.2%

50 1.4% * 158 4.3% *

23 3

354 " 34 14

215 ,. 49 78

0.6% '*'

0.1% '*'

9.6% '*'

0.9% '*'

0.4% '*'

5.8% '*'

1.3% * 2.1% '*'

'It

52 155

19 3

355 34 13

228 44 85

14.3% 1.4% 4.3%

0.5% 0.1% 9.8% 0.9% 0.4% 6.3% 1.2% 2.4%

TOTALS: 4484 100.0% % of Submitted: 100.0% % of Answered:

802 100.0% 3682 100.0% 'It 3607 100.0% 17.9% 82.1%' 'It

Reason for Rejection: --~timely 135 ( 16.8%)

informal resolution 298( 37.2%) _tachments 1( 0.1%}

( ~/SSS 1/26/~996 11:31 BOP-O

2750

'It 100.0%

Wrong level Re-submit Other

page: 1 of 1

o 19 20 71 12 27

9 o

106 3 o

20 13

9

0.0% 11.9% 13.5% 13.7% 23.1% 17.4%

47.4% 0.0%

29.9% 8.8% 0.0\ 8.8%

29.5% 10.6%

589 N/A

16.3%

64( 8.0t) 142( 17.7\') 112( 14.0\'}

Page 15: NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed

Date of request: 01/26/96 Summary Period: 18Sep95 thru 24Dec95 Number-of Months Found: 3

ADMINISTRATIVE REMEDIES TRACKING DATA REGIONAL OFFICB APPEALS FOR: Mid-Atlantic Region. . . .

Institution Security Level: N/A Region: MXR

Number of Inmates in Population: 13637.808 (average daily over time span)

* * * * * * * * *. * * * * * * * * * * * * * * * * * Filed During Period: Answered During Period:

383 420

Pending at End of Period: 118 4 Overdue:

Answered On Time: Average Time for Response:

399{ 95.0%) 41.86 days

REMEDIES INITIATED

SUBJECT BREAKDOWN

Classificatn Non-mail Com Conun Prgms Staff Control Unit r Appeals

!atn/Rec l' .... ~d

(' 'st Operatn \, ... J.st Program Le~al MaJ.l Srch/Restrnt Spec Housing Transfer UDC Actions Visiting Work Assign

Dental Care Forced Med Medical Disability Mental Hlth Jail Time Records Sentence Com

Number & Percent Submitted

50 2

23 43 o

150 2 o

10 28 7' 5 o 9

30 47

1 15

1 o

39 4 2

37 9 7

9.6% 0.4% 4.4% 8.3% 0.0%

28.8% 0.4% 0.0% 1.9% 5.4% 1.3\ 1.0% 0.0% 1.7% 5.8% 9.0\ 0.2% 2.9\

0.2% 0.0% 7.5\ 0.8% 0.4\ 7.1% 1.7% 1.3%

TOTALS: 521 100.0\ % of Submitted: 100.0% t of Answered:

Reason for Rejection:

Number & Percent Rejected

12 o 7

16 o

38 1 o 3 7 4 2 o 5

11 8 1 1

o o 8 o 1

10 2 1

8.7%' 0.0% 5.1\

11.6% 0.0\

27.5% 0.7% O.O%' 2.2% 5.1\ 2.9\ 1.4\ 0.0\ 3.6\ 8.0%'

. 5.8\ 0.7%' 0.7\

0.0% 0.0% 5.8\ O.O%' 0.7% 7.2% 1.4%' 0.7%

138 100.0%' 26.5%

.- t:imely 9 ( 6.5%) informal resolution O( 0.0%)

. ~~achments 19( 13.8%)

Number & Percent Filed

38 2

16 27 o

112 1 o 7

21 3 3 o 4

19 39 o

14

1 o

31 4 1

27 7 6

9.9% * 0.5% * 4.2% * 7.0\ * 0 .. 0.\ *

29.2% * 0.3% * 0.0\ * 1.8% * 5.5\ * 0.8% * 0.8% * 0.0\ * 1.0\ * 5.0% *

10.2\ * 0.0% * 3.7% *

0.3% * 0.0% * 8.1% * 1.0% * 0.3% * 7.0\ * 1.8% * 1.6% *

* 383 100.0% *

73.5% * *

Wrong level Re-submit Other

* * * * * *

REMEDIES RESOLVED

Number & Percent Answered

39 1

16 36 o

119 1

'1 9

25 5 8 o o

17 37 o

14

2 o

32 5 o

46 2 5

9.3t 0.2% 3.8% 8.6% 0.0%

28.3% 0.2% 0'.2% 2.1% 6.0%' 1.2% 1.9% 0.0% 0.0% 4.0% 8.8% 0.0% 3.3%

0.5% 0.0% 7.6% 1.2%' 0.0%

11.0% 0.5% 1.2%

420 100.0%

100.0%

Number & Percent Granted

2 o 2 9 o

18 o o 3 3 2 2 o o 6

16 o 6

1 a 6 1 a 4 a a

5.1% 0.0%

12.5% 25.0%

0.0% 15.1%

0.0% 0.0%

33.3% 12.0% 40.0% 25.0%

0.0% 0.0%

35.3% 43.2%

0.0% 42.9%

50.0% 0.0%

18.8% 20.0%

0.0% 8.7% 0.0% 0.0%

81 N/A

19.3%

44( 31.9%) 66 ( 47.8%) 5( 3.6%)

·/SSS 1/26/1996 11:47 BOP-O page: 1 of 1

2751

Page 16: NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed

(

Date of request: 01/26/96 Sunmary Period: 18Sep95 thru 24Dec9S Number -of Months Found: 3

ADMINISTRATIVE REMEDIBS TRACKING DATA REGIONAL OFFICE APPEALS FOR: North Bast Region. . . . .

Institution Security Level: N/A Region: NER

Number of Inmates. in Population: 19031.873 (average daily over time span)

* * * * * *. * * * * * * * * * * * * * * * * * * * *

Piled During Period: Answered During Period: Answered On Time: Average Time for Response:

531 509 508( 99.8%')

17.52 days

Pending at Bnd of Period: Overdue:

130 o

REMEDIES INITIATED * * * * * *

REMEDIES RESOLVED

SUBJECT BREAKDOWN

Classificatn Non-mail Com Comm Prgms Staff Control Unit

Appeals .:atn/Rec

l'""vd

Number & Percent Submitted

39 5

19 61 o

340 12

5.3% 0.7% 2.6% 8.3% 0.0%

Number & Percent Rejected

7 2 8

30 o

77 4 1

3.4% 1.0% 3.9%

14.6% 0.0%

Number & Percent Filed

32 3

11 31 o

6.0% * 0.6% * 2.1% * 5.8% * 0.0% *

Number & Percent Answered

32 3

11 31 o

6.3% 0.6% 2.2% 6.1% 0.0%

Number & Percent Granted

3 o o o o

(' 1st Operatn .. .1St Program Le~al

3 16 18 16

46.1% 1.6% 0.4% 2.2% 2.4% 2.2% 1.1% 0.1% 2.7% 1.9% 6.2% 0 .. 9% 3.3%

10 6 4 2 o 9 3

37.4% 1.9% 0.5% 4.9% 2.9% 1.9% 1.0% 0.0% 4.4% 1.5% 6.3% 1.5% 4.4%

263 8 2 6

12 12

6 1

11

49.5% * 1.5% * 0.4% * 1.1% * 2.3% * 2.3% * 1.1% * 0.2% * 2.1% * 2.1% * 6.2% * 0.8% * 2.8% *

235 8 1 7

11 12

5 1

11

46.2% 1.6% 0.2% 1.4% 2.2% 2.4% 1.0% 0.2% 2.2% 2.4% 6.7% 0.8% 2.4%

16 o o o 1 1 o o 1 o 8 o o

9.4% 0.0% 0.0% 0.0% 0.0% 6.8% 0.0% 0.0% 0.0% 9.1% 8.3% 0.0% 0.0% 9.1% 0.0%

Ma1l Srch/Restrnt Spec Housing Transfer UDe Actions Visiting Work Assign

Dental Care Forced Med Medical Disability Mental Hlth Jail Time Records Sentence Com

1

8 1

20 14 46

7 24

2 o

30 1 o

35 8

12

0.3% 0.0% 4.1% 0.1% 0.0% 4.7% 1.1% 1.6%

TOTALS: 737 100.0% % of Submitted: 100.0% % of Answered:

13 3 9

1 o 4 o o 7 3 3

0.5% 0.0% 1.9% 0.0% 0.0% 3.4% 1.5% 1.5%

206 100.0% 28.0%

Reason for Rejection: . timely 34( 16.5%)

informal resolution 3( 1.5%) ___ cachments 12 ( 5.8%)

( ~/SSS 1/26/1996 11:47 BOP-O

11 33

4 15

1 o

26 1 o

28 5 9

0.2% * 0.0% * 4.9% * 0.2% * 0.0% * 5.3% * 0.9% * 1.7% *

* 531 100.0% *

72.0% * *

Wrong level Re-submit Other

12 34

4 12

2 o

30 1 o

29 6

11

0.4% 0.0% 5.9% 0.2% 0.0% 5.7% 1.2% 2.2%

509 100.0%

100.0%

page: 1 of 1

2752

o o o o o 1 3 1

35

23.5% 0.0% 0.'0%

0.0% 0.0% 0.0% 0.0% 0 .. 0% 3.4%

50.0% 9.1%

N/A

6.9%

4 ( 1.9%-) 65 ( 31.6%) 34( 16.5%)

Page 17: NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed

Date·of r~est: 01/26/96 Summary. Period: 18Sep95 thru 24Dec95 Number "Of Months Found: 3

ADMINISTRATIVE RBMBDIBS TRACKING DATA REGIONAL OFFICE APPEALS FOR: South East Region. . . . .

Institution Security Level: N/A Region: SBR

Number of Inmates in Population: 16019.627 (average daily over time span)

'* '* '* '* '* '* * * * '* *. * * '* * * * * * * * '* '* '* * *

Filed DUring. Period: 425 Pending at End of Period: 152 o Answered During Period: 346 Overdue:

Answered On Time: 339( 98 .. 0%) Average Time for Response: 20.74 days

REMEDIES INI.TIATED.

SUBJECT BREAKDOWN

Classificatn Non-mail Com Comm Prgms Staff Control Unit :r Appeals

atn/Rec io""..,d

('. ~t Operatn . .3t Program Le~al Mal.l Srch/Rest:tnt Spec Housing Transfer UDC Actions Visiting Work Assign

Dental Care Forced Med Medical Disability Mental Hlth Jail Time Records Sentence Com

Number & Percent Submitted

1& o

15 29 a

341 5 1

11 15 11

3 1

18 14 24

4 10

2 .. 9% 0.0% 2.4% 4.6% O.O\'

54.0\' 0.8% 0.2\, 1.7% 2.4% 1.7\' 0.5% 0.2% 2.9\' 2.2% 3.8% 0.6% 1.6%

3 0..5% o O.O%'

27 4.3\' 2 0.3\' 1 0.2%

64 10.1% 3 0.5%

11 1.7%

TOTALS: 631 100.0% % of Submitted: 100.0% % of Answered:

Number & Percent Rejected

2 o 6

22 a

109 o o 4 4 7 1 o

15 4 6 2 5

1 o 8 1 a 9 a a

1 . .0.1 0.0% 2.9%

10.7% 0 .. 0.%.

52.9% 0.0% 0.0% 1.9% 1.9% 3.4% 0.5% 0.0% 7.3% 1 .. 9% 2.9% 1.0% 2.4%

0.5% 0.0% 3.9% 0.5% 0.0% 4.4% 0.0% 0.0%

206 100.0t 32.6%

Reason for Rejection: y- ~.imely 32 ( 15.5%)

informal resolution O( 0.0%) . wachments 8( 3.9%)

Number & Percent Filed

1-6 o 9 7 a

232 5 1 7

11 4 2 1 3

1.0. 18

2 5

3. •. &.1. '* 0.0% * 2.1% '* 1.6% '* 0 .• 0% '*

54.6% '* 1.2%· * 0.2% * 1.6% * 2.6% * 0.9% '* 0.5% * 0.2% '* 0.7% '* 2 .. 4'k '* 4.2% * 0.5% '* 1.2% *

2 O .. S%. * o 0.0% *

19 4.5% '* 1 0.2% '* 1 0.2% '*

55 12.9% '* 3 0.7% '*

11· 2.6% '* '*

425 100.0% '* 67.4% *

'*

Wrong level Re-submit Other

* '* * * '* '*

REMED.I.ES RBSOL~

Number & Percent Answered

1.9 o 9

10 Q

161 2 o 4

10 4 4 2 2 9

11 2 3

5 ..... 5\ 0.0% 2.6% 2.9% a .. at

46.5% 0.6% 0.0% 1.2% 2.9\' 1.2% 1.2% 0.6% 0.6% 2.6% 3.2% 0.6% 0.9%

3 0.9% o 0.0%

17 4.9% 1 0.3% 1 0.3-%

57 16.5% 3 0.9%

12 3.5%

346 100.0%

100.0%

Number & Percent Granted

o o o o a

19 o o o o o 1 o o ·1 5 o o

0.0% 0.0% 0.0% 0.0% 0.0%

11.8% 0.0% 0.0% 0.0% 0.0% 0.0%

25.0% 0.0% 0.0%

1.1.1% 45.5%

0.0% 0.0%

o 0.0% o 0.0% 6 35.3% o 0.0% 1 100.0% 3 5.3% o 0.0% 2 16.7%

38 N/A

. 11.0%

51( 24.8%) 78( 37.9%) 89( 43.2%)

( 'sss 1/26/1996 11:47 BOP-O page: 1 of 1

2753

Page 18: NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed

Date of request: 01/26/96 Sunmary Period: 18Sep95 thru 24Dec95 Number -of Months Found: 3

ADMINISTRATIVE RBMBDIBS TRACKING DATA REGIONAL OFFICB APPEALS FOR: North Central Region·. . .

Institution Security Level: N/A Region: NCR

Number of Inmates in population: 13849.278 (averag~ daily over time span)

* * * * * * * * * * * * * * * * * * * * * * * * * *

Filed During Period: Answered During Period:

590 500

Pending at Bnd of Period: 250 1 Overdue:

Answered On Time: Aver~ge Time for Response:

473( 94.6%) 25.09 days

REMEDIES INITIATED

. SUBJECT BREAKDOWN

Classi·ficatn Non-mail Com Comm Prgms Staff . Control Unit r Appeals

.atn/Rec lo""vd

(""st Operatn ' .. ~st Program Legal' Mail Srch/Restrnt Spec Housing Transfer UDC Actions Visiting Work Assign

Dental Care Forced Med Medical Disability Mental Hlth Jail Time Records Sentence Com

Number &: Percent Submitted

5~ 4

32 102

2 387

6 6

35 21 30 19

2 32 48 60

4 14

2 1

44 o 3

44 9

12

5.3% 0.4% 3.3%

10.5% 0.2%

39.9% 0.6% 0.6% 3.6% 2.2% 3.1% 2.0% 0.2% 3.3% 4.9% 6.2% 0.4% 1.4%

0.2% 0.1% 4.5%· 0.0% 0.3% 4.5% 0.9% 1.2%

TOTALS: 970 100.0% % of Submitted: 100.0% t of Answered:

Number &: Percent Rejected

19 1 8

61 o

170 3 2

12 7

11 3 1

18 21 16 o 2

o o

13 o 1 8 2 1

5.0% 0.3% 2.1%

16.1% 0.0%

44.7% 0.8% 0.5% 3.2% 1.8% 2.9% 0.8% 0.3% 4.7% 5.S% 4.2% 0.0% 0.5%

0.0%· 0.0% 3 .. 4% 0.0% 0.3% 2.1% 0.5% 0.3%

380 100.0% 39.2%

Reason for Rejection: .. - +:imely 53 ( 13.9%)

informal resolution 5( 1.3%) - ,~achments 33{ 8.7%)

Number &: Percent Filed

3.2-3

24 41

2. 217

3 4

23 14 19 16

1 14 27 44

4 12

2 1

3~ o 2

36 7

11

5 ... 4..%'- * 0.5% * 4.1% * 6.9% * 0 ... 3.% *

36.8% * 0.5%· * 0.7% * 3.9% * 2.4% * 3.2\ * 2.7% * 0.2% * 2.4% * 4 .•. 6.'- * 7.5% * 0:7% * 2.0% *

O .• 3.!k * 0.2% * 5.3% * 0.0% * 0.3% * 6.1% * 1.2% * 1.9% *

* 590 100.0% *

60.8% * *

Wrong level Re-submit Other

* * * * * *

REMEDIES RESOLVED

Number &: Percent Answered

30 3

21 40

2 135

6 3

26 19 23 17 o

10 21 34.

6 12

2 o

29 o 2'

36 6

17

6..0% 0.6% 4.2% 8.0%. 0.4%

27.0% 1.2% 0.6% 5.2% 3.8% 4.6% 3.4% 0.0% 2.0% 4.2% 6.8% 1.2% 2.4%

0.4% 0.0% 5.8% 0.0% 0.4% 7.2% 1.2% 3.4%

500 100.0%

100.0\

Number & Percent Granted

1 3.3%-o 0.0% o 0.0% 2 5.0% o 0.0%

12 8.9% O· 0.0% o 0.0% o 0.0% 1 5.3% o 0.0% o 0.0% o 0.0% o 0.0% a 0.0% 1 . 2.9% 1 16.7% o 0.0%

o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0%

18 N/A

3.6%

38( 10.0%) 27( 7.1%) 33( 8.7%)

("/SSS 1/26/1996 1~:47 BOP-O page: 1 of 1

2754

Page 19: NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed

Date of request: 01/26/96 Summary Period: .18Sep95 thru 24Dec95 Number~f Months Found: 3

ADMINISTRATIVE REMEDIES TRACKING DATA REGIONAL OFFICE APPEALS FOR: South Central Region·. . .

Institution Security Level: N/A Region: SCR

Number of Inmates in Population: 14745.179 (average daily over time span)

* * * * * * * * * * * * * * * * * * * * * * * * * *

Filed During Period: Answered During Period:

266 Pending at Bnd of Period: 143 o 234 OVerdue:

Answered On Time.: 23.~( 9& .. 7%) Average Time for Response: 29.57 . days

REMEDIES INITIATED.

SUBJECT BREAKDOWN

Classificatn Non-mail Com Cormn Prgms Staff Control. unit r Appeals

atn/Rec ~,-""d

Number &: Percent Submitted

22. 1 5

29 O.

6..3% 0.3%' 1.4% 8.3% 0.0%

Number &: Percent Rejected

6 a 1

13 o

7.2% 0.0% 1.2%

15.7% 0.0%.

Number &: Percent Filed

16 1 4

16 o

6 .. 0.l * 0.4% * 1.5% * 6.0% * 0.0.'- *

* * * * * *

REMEDIES RESOLVED

Number &: Percent Answered

1..7 1 5

17 O.

7.3t 0.4% 2.1% 7.3% 0.0%

Number &: Percent Granted

1 5.9% o 0.0% o 0.0% o 0.0% o 0.0% 7 9.3% o 0.0% o 0.0%

(". ,st Operatn ... st Program "Le~al

138 o o 4

11 7 3 o 2

39.5% 0.0% 0.0% 1.1% 3.2% 2.0% 0.9% 0.0% 0.6% 6..3% 8.3% 0.3% 1.1%

16 o a 2 2 1 2 o 1 9

19.3% 0.0% 0.0% 2.4% 2.4% 1.2% 2.4% 0.0% 1.2%

122 o o 2 9 6 1 o 1

45.9% * 0.0% * 0.0% * 0.8% * 3.4% * 2.3% * 0.4% * 0.0% * 0.4% * 4 ... 9% * 6.4% * 0.4% * 0.8% *

75 1 a 3

11 7 3 a 1 9

32.1% 0.4% 0.0% 1.3% 4.7% 3.0% 1.3% 0.0% 0.4% 3.8% 9.0% 1.7%' 2.1%

o 0.0% o 0.0% 1 14.3% 1 33.3%

(

Ma1.l Srch/Restrnt Spec Housing Transfer tIDC Actions Visiting Work Assign

Denta~ care Forced Med Medical Disability Mental Hlth Jail Time Records Sentence Com

22. 29

1 4

1 1

18 o 2

37. 1

11

0.3% 0.3% 5.2% 0.0% 0 .. 6%

10.6% 0.3% 3.2%

TOTALS: 349 100.0% % of Submitted: 100.0% % of Answered:

Reason for Rejection:

12 a 2

a 1 3 a 1 6 o 5

10.8% 14.5%

0.0% 2.4%

0.0%. 1.2% 3.6% 0.0% 1.2% 7.2% 0.0% 6.0%

83 100.0% 23.8%

.,- to:imely 11 ( 13.3%) informal resolution 4{ 4.8%)

- ~achments 9 ( 10.8%) ~/SSS 1/26/1996 11:47 BOP-O

13 17

1 2

1 o

15 o 1

31 1 6

0 .. 4% * 0.0% * 5.6% * 0.0% * 0.4% *

11.7% * 0.4% * 2.3% *

* 266 100.0% *

76.2% * *

Wrong level Re-submit Other

21 4 5

2 o

16 o 1

26 2 7

0.9% 0.0% 6.8% 0.0% 0.4\

11.1% 0.9% 3.0%

234 100.0\

100.0\

page: 1 of 1

2755

o 0.0% o 0.0% o 0.0% 4 19.0% o 0.0% o 0.0%

o 0.0% O· 0.0% 4 25.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0%

18 N/A

7.7%

3( 3.6\') 27( 32.5\) 5S( 66.3\>

Page 20: NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed

Date of request: 01/26/96 Summary Period: 18Sep95 thru 24Dec95 Number -of Months Found: 3

ADMINISTRATIVE REMEDIES TRACKING DATA REGIONAL OFFICE APPEALS FOR: Western Region . . . . . .

Institution Security Level: N/A Region: WXR

Number of Inmates in Population: 12781.83 (average daily over time span)

* * * * * * * * * * * * * * * * * * * * * * * * * *

Filed During Period: Answered During Period:

257 256

Pending at End of Period: 61 o Overdue:

Answered On Time: Average Time for Response:

254( 99.2%) 19.58 days

REMEDIES INITIATED

SUBJECT BREAKDoWN

Classificatn Non-mail Com Comm Prgms Staff Control Unit r ... Appeals

!atn/Rec .L _.old

(""'"'lst Operatn ,,1st Program 'Legal Mail Srch/Restrnt Spec Housing Transfer UDC Actions Visiting Work Assign

Dental Care Forced Med Medical Disability Mental Hlth Jail Time Records Sentence Com

Number & Percent Submitted

26 7.5% 1 0.3%

15 4.3% 20 5.8%

1 0.3% 96 27.7%

2 0.6% 1 0.3%

15 4.3% 13 3.7% 12 3.5%

3 0.9% 1 0.3% 5 1.4%

10 2.9% 24 6.9%

1 0.3% 8 2.3%

o 0.0% o 0.0% 7 2.0%

10 2.9% 2 0.6%

45 13.0% 1 0.3%

28 8.1%

TOTALS: 347 100.0% % of Submitted:' 100.0% % of Answered:

Reason for Rejection:

Number & Percent Rejected

7 7.8% o 0.0% 3 3.3% 6 6.7% o 0.0%

27 30.0% o 0.0% 1 1.1%

10 11.1% 1 1.1% 2 2.2% 1 1.1% o 0.0% 3 3.3% 3 3.3% 9 10.0% o 0.0% o 0.0%

o 0.0% o 0.0% 3 3.3% 2 2.2% o 0.0% 8 8.9% o 0.0% 4 4.4%

90 100.0% 25.9%

T .. • ... t:imely 29 ( 32.2%) informal resolution 11( 12.2%)

_achments 3( 3.3%)

Number & Percent Filed

19. 7 .. 4' * 1 0.4% *

12 4.7% * 14 5.4% *

1 0.4% * 69 26.8% *

2 0.8% * o 0.0% * 5 1.9% *

12 4.7% * 10 3.9% *

2 0.8% * 1 0.4% * 2 0.8% * 7 2 .• 7% *

15 5.8% * 1 0.4% * 8 3.1% *

o 0.0% * o 0.0% * 4 1.6.% * 8 3.1% * 2 0.8% *

37 14.4% * 1 0.4% *

24 9.3% * *

257 100.0% * 74.1% *

*

Wrong level Re-submit Other

* * * * * *

REMEDIES RESOLVED

Number & Percent Answered

18 7 . 0%. 1 0.4%

13 5.1% 13 5.1% o 0.0%

68 26.6% 2 0.8% o 0:0% 5 2.0%

20 7.8% 8 3.1% 1 0.4% 1 0.4% 2 0.8% 4 1.6%

16 6.3% 1 0.4% 6 2.3%

1 0.4% o 0.0% 6 2.3% 5 2.0%' 1 0.4%

36 14.1% 2 0.8%

26 10.2%

256 100.0%

100.0%

Number & Percent Granted

1 5.6% o 0.0% o 0.0% o 0.0% o 0.0%

17 25.0% o 0.0% o 0.0% 2 40.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% 5 31.3% o 0.0% o 0.0%

o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% 2 5.6% o 0.0% o 0.0%

27 N/A

10.5%

6( 6.7%) 13 ( 14.4%) 30( 33.3%)

(.T/SSS 1/26/1996 11:47 BOP-O page: 1 of 1

2756

Page 21: NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed

( PART II

QUARTERLY REPORT - ADMINISTRATIVE REMEDIES FOR

COMMUNITY CORRECTIONS

No significant trends noted.

2757 .

Page 22: NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed

Date of request: 01/26/96 SUlllDary Period: 18Sep95 thru 24Dec95 Number-of Months Found: 3

( COMMUNITY CORRECTIONS

ADMINISTRATIVE REMEDIES TRACKING DATA CENTRAL OFFICE APPEALS FOR:

All Community Corrections

Number of Inmates in Population: 10767.962 (average daily over time span) Region: * * * * * * * * * * * * * * * * * * * * * * * * * * Piled During Period: Filed DUring Period: Answered During Period:

3 3

·4

Pending at End of Period: Pending at End of Period: Overdue:

3 3 a

Answered On Time: Average Time for Response:

3 ( 75.0t) 22.83 days

REMEDIES INITIATED * * *

REMEDIES RESOLVED

SUBJECT BREAKDOWN

Classificatn Non-mail Com Comm Prgms Staff Control Unit r-4/Major

~atn/Rec ... .old

(

,·J· ... st Operatn , .. st Program Le~al Ma1l Srch/Restrnt Spec Housing Transfer . CDC/Minor Visiting Work Assign

Dental Care Forced Med Medical Disability Mental Hlth Jail Time Records Sentence Com

Number & Percent Submitted

o 0.0% o O.ot o 0.0% 1 16.7% o 0.0% 2 33.3% a 0.0% o 0.0% a o.ot o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% 1 16.7% a 0.0% o 0.0%

o o.ot a 0.0% a o.ot a 0.0% a 0.0% 1 16.7% a 0.0% 1 16.7%

TOTALS: 6 lOO.ot % of Submitted: 100.0% % of Answered:

Number & Percent Rejected

a 0.0% o 0.0% o O.ot 1 33.3% o 0.0% 1 33.3% o 0.0% o 0.0% o 0.0% a 0.0% o O.ot o O.ot o O.ot a 0.0% o O.ot o 0.0% a O.ot o 0.0%

o 0.0% o 0.0% a O.ot o O.ot a O.ot a O.ot a 0.0% 1 33.3%

3 100.0% sO.Ot

Reason for Rejection: T~timely O( 0.0%)

informal resolution O( O.ot) _achments 1( 33.3t)

( . ISSS 1/26/1996 11: 54 BOP-O

2758

Number & Percent Piled

o 0.0% * o 0.0% * a 0.0% * o 0.0% * a 0.0% * 1 33.3% * a 0.0% * a 0.0% * o 0.0% * o 0.0% * o 0.0% * o O.ot * o 0.0% * a 0.0% * a 0.0% * 1 33.3% * o 0.0% * a 0.0% *

a 0.0% * o O.ot * o 0.0% * o 0.0% * a 0.0% * 1 33.3% * o 0.0% * O· a . at *

* 3 100.0% *

50.0t * *

Wrong level Re-submit Other

* * *

Number & Percent Answered

o O.ot o 0.0% o 0.0% a 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o O.ot o 0.0% o 0.0% o 0.0% o 0.0% a 0.0% 1 25.0% 1 25.0% o 0.0% o 0.0%

a 0.0% o 0.0% o O.ot o 0.0% o 0.0% 2 50.0% o O.ot o 0.0%

4 100.0t

100.0t

page: 1 of 1

Number & Percent Granted

o o.ot a o.ot a 0.0% o 0.0% a 0.0% o o.o\' a 0.0% o o.o\' o 0.0% a 0'.0% o 0.0% a 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o C.O% o 0.0%

o 0.0% a 0.0% a 0.0% a 0.0% o 0.0% a 0.0% o o.ot o 0.0%

o N/A

o.ot

l( 33.3%) 1( 33.3%) 1( 33.3%)

Page 23: NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed

Date of request: 01/26/96 Summary Period: 18Sep95 thru 24Dec95 Number-of Months Found: 3

COMMUNITY CORRECTIONS

( ADMINISTRATIVE REMEDIBS TRACKING DATA REGIONAL OFFICE· APPEALS FOR:

All Community Corrections

Number of Inmates in Population: 10767.962 (average daily over time span) Region: * * * * * * * * * * * * * * * * * * * * * * * * * *

Filed During Period: Filed During Period: Answered During Period: Answered On Time: . Aver~ge Time for Response:

25 25 25 22 ( 88.0%)

30.03 days

Pending at End of Period: pending at End of Period: Overdue:

10 10 o

REMEDIES INITIATED * * *

REMEDIES RESOLVED

. SUBJECT BREAKDOWN

Classificatn Non-mail Com Conun Prgms Staff Control Unit r -'Major

.atn/Rec ~_..,d

("- "st Operatn

_' .. Ast Program Le~al . Ma1l Srch/Restrnt Spec Housing Transfer CDC/Minor Visiting Work Assign

Dental Care Forced Med Medical Disability Mental Hlth Jail Time Records Sentence Com

Number &: Percent Submitted

o 0.0% "0' 0.0% 5 13.2% o 0.0% o 0.0%

28 73.7% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% a 0.0% o 0.0% o 0.0% 3 7.9% o 0.0% o 0.0%

a o 1 o o o o a

0.0% 0.0% 2.6% . 0.0% 0.0% 0.0% O.ot 0.0%

TOTALS: 37 97.4% % of Submitted: 97.4% % of Answered:

Reason for Rejection:

Number &: Percent Rejected

o 0.0% a 0.0% 3 23.1% o 0.0% o O.ot 6 46.2% o 0.0% o 0.0% o 0.0% a 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% 2 15.4% o 0.0% a 0.0%

o a 1 1 o a o o

0.0% . 0.0% 7.7% 7.7% O.ot 0.0% 0.0% 0.0%

13 100.0% 35.1%

T- t:imely 1 ( 7 . 7%) informal resolution O( 0.0%)

_achments 2( 15.4%) ( -/SSS 1/26/1996 11; 54 BOP- 0

2759

Number &: Percent Filed

o 0.0% * o 0.0% * 2 8.0t * o 0.0% * o 0.0% *

22 88.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * 1 4.0% * o O.ot * o 0.0% * o o o o o o o o

0.0% * 0.0% * 0.0% * 0.0% * 0.0% * 0.0% * 0.0% * 0.0% *

* 25 100.0% *

67.6% * *

Wrong level Re-submit Other

* * *

Number &: Percent Answered

o 0.0% o 0.0% 3 12.0% o 0.0%· o 0.0%

20 80.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% 1 4.0% o 0.0% o 0.0%

o 0.0% o 0.0% o 0.0% o 0.0% O· 0.0\ 1 4.0% o 0.0% a 0.0%

25 100.0%

100.0%

page: 1. of 1

Number &: Percent Granted

o 0.0% o 0.0% o 0.0% .0 0.0% o 0.0% 1 5.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o O.ot o 0.0% o 0.0% 1 100.0% o 0.0% o 0.0%

o o o o o o o o

2

0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%

N/A

8.0%

l( 7.7%) 3( 23.1%) 6( 46.2%)

Page 24: NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed

Date of. request: 01/26/96 Summary Period: 18Sep95 thru 24Dec95 Number -of Months Found: 3

( COMMUNITY CORRECTIONS

ADMINISTRATIVE REMEDIES TRACKING DATA CCM FILINGS FOR:

All Community Corrections

Number of Inmates .in Population: 10767.962 (average daily over time span) Region:

* * '* * * * * * * * * * * * * * * * * * * '* * '* '* *

Filed During Period: Answered During Period: Answered On Time: Average Time for Response:

28 20 17 ( 85.0t)

25.53 days

Pending at End of Period: Overdue:

44 41

REMEDIES INITIATED '* '* * * '* *

REMEDIES RESOLVED

SUBJECT BREAKDOWN

Classificatn Non-mail Com Conun Prgms Staff Control Unit ". "'Major

.:atn/Rec t .... vd

(" lst Operatn ....... lst Program Le~al Ma1l Srch/Restrnt Spec Housing Transfer CDC/Minor Visiting Work Assign

Dental Care Forced Med Medical Disability Mental Hlth Jail Time Records Sentence Com

Number & Percent Submitted

1 2.9% o 0.0%

16 47.1% 5 14.7% o 0.0% 2 5.9% a 0.0% 2 5.9% 2 5.9% o O.ot 1 2.9% o 0.0% a 0.0% o 0.0% 1 2.9% 1 2.9% 1 2.9% o 0.0%

o 0.0% o 0.0% o 0.0% o 0.0% a 0.0% 0, 0.0% o O.ot 2 5.9%

TOTALS: 34 100.0% % of Submitted: 100.0% % of Answered:

Number & Percent Rejected

o 0.0% a 0.0% 3 50.0t a 0.0% a O.ot 2 33.3% o 0.0% a 0.0% o 0.0% o 0.0% a o.ot a 0.0% o o.Ot. a 0.0% o o.o%' a 0.0% 1 16.7% O. O. o%' o 0.0% . a 0.0% o 0.0% a 0.0% o 0.0% o 0.0% o 0.0% o 0.0%

6 100.0% 17.6%

Reason for Rejection: -- . t: imel y 2 ( 3 3 . 3 % )

informal resolution 1{ 16.7%) . ... cachments 0 ( 0 . 0%)

( '/SSS 1/26/1996 11: 54 BOP-O

2760

Number & Percent Filed

1 3.6% * o 0.0% *

13 46.4% '* 5 17.9t * o 0.0% '* o O.ot * o 0.0% * 2 7.1% * 2 7.1% * o 0.0% * 1 3.6t '* o O.ot * o O.ot * o 0.0% * 1 3.6t * 1 3.6% '* a 0.0% * o o.ot *

o o.ot * o 0.0% '* o 0.0% '* o 0.0\ '* a 0.0% * o O~O\ * o 0.0\ '* 2 7.1' *

* 28 100.0% '*

82.4\ * '*

Wrong level Re-submit Other

Number & Percent Answered

1 5.0t o 0.0%'

10 50.0% 2 10.0% o O.ot o O.ot o O.Q% 1 5.0% 2 10.0% o 0.0% ]. 5.0% o 0.0% o 0.0% o O.O\-1 5.0% 1 5.0% o 0.0% o 0.0%

o 0.0% o 0.0% o 0.0% o 0.0% o O.ot o 0.0% o O.ot 1 5.0%

20 100.0'

100.0%

page: 1 of 1

Number & Percent Granted

o O.ot o 0.0\ o O.ot o 0.0% o 0.0% a o.ot a 0.0% a 0.0% o 0.0% o 0.0% a o.ot a 0.0% a 0.0% o 0.0% a o.ot a 0.0% a 0.0\ a 0.0%

o o.ot o 0.0% o o.ot o 0.0% a 0.0% o 0.0% a 0.0% o 0.0%

a N/A

o.ot

OC o.ot) a ( 0 . 0') l( 16.1,)

Page 25: NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed

Date of request: 01/26/96 Summary Period: 18Sep95 thru 24Dec95 Number-of Months Found: 3

COMMUNITY CORRECTIONS ADMINISTRATIVE REMEDIBS TRACKING DATA

RBGIONAL OFFICE APPEALS FOR: CC: Mid-Atlantic Region

Number of Inmates in Population: 1568.6889 (average daily over time span) Region: MXR * * * * * * * * * * * * * * * * * * * * * * * * * *

Filed During Period: Filed During Period:

,Answered During Period: Answered On Time: Average Time for Response:

5 5 5 5 (100.0%)

37.00 days

Pending at End of Period: Pending at End of Period: Overdue:

4 4 o

REMEDIES INITIATED * * *

REMEDIES RESOLVED

SUBJECT BREAKDOWN

Number & Percent Submitted

. Number & Percent Rejected

Classificatn Non-mail Com Comm Prgms Staff Control Unit , ·'Major

::atn/Rec .a._..Jd

(" 1t Operatn ..... ~.5t Program Le~al Ma1l Srch/Restrnt Spec Housing Transfer CDC/Minor Visiting Work Assign

Dental Care Forced Med Medical

. Disability Mental Hlth Jail Time Records Sentence Com

o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% 4 80.0% O· 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% 1 20.0% o 0.0% o O.O%'

o o o o o o o o

0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%

TOTALS: 5 100.0% % of Submitted: 100.0% % of Answered:

a a a a a a o

.0 o o o o o o o a a o

o o a a a a a a

a

Reason for Rejection: .. - 'timely a (

informal resolution O( ~achments O(

( ·SSS 1/26/1996 12: 00 BOP-O

0.0% 0.0% 0.0% 0.0% 0.0% 0.0% O.ot 0.0% 0.0% O.ot 0.0% 0.0% 0.0% 0.0% O.ot 0.0% 0.0% 0.0%

0.0% 0.0% 0.0% O.ot 0.0% O.ot 0.0% 0.0%

0.0% 0.0%

0.0%) 0.0%) 0.0%)

2761

Number & Percent Filed

o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * 4 80.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * a 0.0% * o 0.0% * o 0.0% * o 0.0% * 1 20.0% * o 0.0% * o 0.0% *

o o a a o o o o

0.0% * 0.0% * 0.0% * 0.0% * 0.0% * 0.0% * 0.0% * 0.0% *

* 5 100.0% *

100.0% * *

Wrong level Re-submit Other

* * *

Number & Percent Answered

a 0.0% o 0.0% o 0.0% a 0.0% a 0.0% 4 80.0%' a 0.0% '0 0.0% o 0.0% o 0.0% a 0.0% a 0.0% a 0.0% a 0.0% o 0.0% 1 20.0% o 0.0% a 0.0%

a a o a a o o a

0.0% 0.0% 0.0% ' 0.0% 0.0% 0.0% 0.0% 0.0%

5 100.0%

100.0%

page: 1 of 1

Number & Percent Granted

o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% 1 25.0% o 0.0% o 0.0% o 0.0% a 0.0% o 0.0% o 0.0% o 0.0% o 0.0% a 0.'0% 1 100.0% o 0.0% a 0.0%

a o a o o o o o

0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%

2 N/A

40.0%

o ( o ( o (

0.0%) O.Ol) 0.0%)

Page 26: NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed

Date of request: 01/26/96 Summary' Period: 18Sep95 thru 19H0v95 Number-of Months Found: 2

COMMUNITY CORRECTIONS ADMINISTRATIVE REMEDIES TRACKING DATA

REGIONAL OFFICE APPEALS FOR: CC: Northeast Region

Number of Inmates in Population: 1226.89462 (average daily over time 6jpan) Region: NER * * * * * * * * * * * * * * * * * * * * * * * * * * Filed During Period: Filed During Period: Answered During Period: Answered On Time: Average Time for Response:

1 1 1 1 (100. ot)

9.50 days

Pending at End of Period: Pending at End of Period: OVerdue:

o o o

REMEDIES INITIATED * *

REMEDIES RESOLVED

SUBJECT BREAKDOWN

Classificatn Non-mail Com Comm Prgms Staff Control Unit r 'Major

~atn/Rec i-"",~d

(" ,t Operatn \. .. ~.;t Program' Le~al Mal.l Srch/Restrnt Spec Housing Transfer CDC/Minor Visiting Work Assign

Dental Care Forced Med Medical Dis~ility Mental Hlth Jail Time Records Sentence Com

I

Number & Percent Submitted

o 0.0% o 0.0% 1 25.0% o 0.0% o 0.0% 2 50.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0%

o 0.0% o 0.0% 1 25.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0%

TOTALS: 4 100.0% % of Submitted: 100.0% % of Answered:

Reason for Rejection:

Number & Percent Rejected

o 0.0% o 0.0% 1 33.3% o 0.0% o 0.0% 1 33.3% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% O' 0.0%

o 0.0% o 0.0% 1 33.3% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0%

3 100.0% 75.0%

.- .... imely 0 ( 0.0%) 0.0%) 0.0%)

informal resolution O( .-.:achments 0 (

l 'sss 1/26/1996 12:00 BOP-O

2762

Number & Percent Filed

o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * 1 100.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * o o o o o o o o

0.0% * 0.0% * 0.0% * 0.0% * 0.0% * 0.0% * 0.0% * 0.0% *

* 1 100.0% *

25.0% * *

Wrong level Re-submit Other

* * * *

Number & Percent Answered

o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% 1 100.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o O.ot o 0.0% o 0.0% o 0.0%

o o o o o o o o

0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%

1 100.0%

100.0%

page: 1 of 1

Number & Percent Granted

o o o o o o o o o o o o o o o o o o o o o o o o o o

o

0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% O.Ot 0.0% 0.0% 0.0% 0.0% 0.0%

O.Ot 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%

N/A

0.0%

o ( 0.0%) 1( 33.3%) 1( 33.3%)

Page 27: NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed

Date of request: 01/26/96 Summary Period: 18Sep9S thru 24Dec95 Number·of Months Pound: 3

( COMMONITY CORRECTIONS

ADMINISTRATIVE REMEDIES TRACKING DATA REGIONAL OPPICE'APPEALS POR:

CC: Southeast Region

Number of Inmates in Population: 1104.22581 (average daily over time span) Region: SER * * * * * * * * * * * * * * * * * * * * * * * * * *

Filed During Period: Filed During Period: Answered During Period: Answered On Time: Average Time for Response:

2 2 '2 2 (100 .. 0%)

21.67 days

Pending at End of Period: Pending at Bnd of Period: Overdue:

1 1 o

REMEDIES INITIATED * *

REMEDIES RESOLVED

SUBJECT BREAKDOWN

Classificatn Non-mail Com Comm Prgms Staff Control Unit r ·'Major

.atn/Rec );:- .... d

( 'st Operatn ... _. ~J.st Program Le~al Mal.l Srch/Restrnt Spec Housing Transfer CDC/Minor Visiting Work Assign

Dental Care Forced Med Medical Disability Mental Hlth Jail Time Records Sentence Com

Number & Percent Submitted.

a 0.0% a 0.0% 1 20.0% a 0.0% a 0.0% 4 80.0% a 0.0% a 0 .. 0% a 0.0% a 0.0% a 0.0% a 0.0% a 0.0% o 0.0% a 0.0% a 0.0% a 0.0% a 0.0%

a a a

·0 a a a a

0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%

TOTALS: 5 100.0% % of Submitted: 100.0% % of Answered:

Number & Percent Rejected

o 0.0% a 0.0% 1. 33.3% o 0.0% a 0.0% 2 66.7% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% a 0.0% o 0.0% o 0.0% o 0.0% a 0.0% o 0.0%

o o o a o o o o

0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%

3 100.0% 60.0%

Reason for Rejection: T· ~+:imely 1 ( 33.3%)

informal resolution O{ 0.0%) .. _achments 0 ( 0 . 0%)

( ISSS 1/26/1996 12:00 BOP-O

2763

Number &: Percent Filed

o O.O%' * a o.o\' * a 0.0% * a 0.0% * o 0.0% * 2 100.0% * a 0.0% * a 0.0% * a 0.0% * a 0.0% * a 0.0% * a 0.0% * a 0.0% * a 0.0% * a 0.0% * a 0.0% * a 0.0% * a O.ot *

a 0.0% * a O.ot * o O.ot * a O.ot * a O.ot * a 0.0% * o 0.0% * O· O. at *

* 2 100.0% *

40.0% * *

Wrong level Re-submit Other

* * * *

Number & Percent Answered

o 0.0% a 0.0% a 0.0% o 0.0% o 0.0% 1. 50.0% a 0.0% o 0.0% a 0.0% o 0.0% a 0.0% a 0.0% a 0.0% a 0.0% o 0.0% a 0.0% a 0.0% o 0.0%

a O.ot. a 0.0% a 0.0% o 0.0% o 0.0% 1 50.0% o 0.0% o 0.0%

2 100.0%

100.0%

page: 1 of 1

Number & . Percent Granted

o a a o a o o o a o o o o o o o o o o a o o a a o a o

0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0'.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% (). 0% 0.0%

0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%

N/A

0.0%

1( 33.3%) O( 0.0%) 2( 66.7%)

Page 28: NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed

D~~e of request: 01/26/96 Summary Period: 18Sep95 thru 24Dec95 Number-of Months Found: 3

( COMMUNITY CORRECTIONS ADMINISTRATIVE REMEDIBS TRACKING DATA

REGIONAL OFFICE· APPEALS FOR: CC: North Central Region

Number of Inmates in Population: 1045.15591 (~verage daily over time span) Region: NCR * * * * * * * * * * * * * * * * * * * * * * * * * * Filed During Period: Filed During Period: Answered During Period: Answered On Time: Average Time for Response:

10 10

9 6 ( 66.7%)

26.78 days

Pending at Bnd of Period: Pending at Bnd of Period: OVerdue:

3 3 a

REMEDIES INITIATED * *

REMEDIES RESOLVED

SUBJECT BREAKDOWN

Classificatn Non-mail Com Comm Prgms Staff , ·-.rol Unit

Major ~\..4u.catn/Rec

( . .,d \..._.st Operatn lnst program Le~al MaJ.l Srch/Restrnt Spec Housing Transfer CDC/Minor Visiting Work Assign

Dental Care Forced Med Medical Disability Mental Hlth· Jail Time Records I

Sentence Com

Number .& Percent Submitted

o 0.0% o O.ot 1 7.1% o 0.0% o O.ot

12 85.7% o O.ot o 0.0% a O.ot o o.ot a 0.0% a 0.0% o o.ot o 0.0% o o.ot 1 7.1% o 0.0% o 0.0%

o 0.0% o 0.0%

. 0 0.0% a 0.0% a 0.0% a 0.0% o 0.0% a 0.0%

TOTALS: 14 100.0% % of Submitted: 100.0% % of Answered:

P ·on for Rejection:

Number & Percent Rejected

o 0.0% a 0.0% o 0.0% o 0.0% o 0.0% 3 75.0% o 0.0% a 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% 1 25.0% a 0.0% o 0.0%

o 0.0% a 0.0% o 0.0% a 0.0% o 0.0% o 0.0% o 0.0% o 0.0%

4 100.0t 28.6%

imely 0 ( o.ot) O.ot) O.ot)

~ informal resolution O( ( tachments 0 ( ~~/SSS 1/26/1996 12:00 BOP-O

Number & Percent Piled

o O.ot * o 0 .. 0% * 1 10.0% * o 0.0% * o 0.0% * 9 90.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * o O.ot * o O.ot * o O.ot * o 0.0% * o O.ot * o 0.0% * o 0.0% * a 0.0% *

o 0.0% ok o 0.0% * o 0.0% * o 0.0% * a 0.0% * o 0.0% * o 0.0% * o 0.0% *

* 10 100.0% *

71.4% * *

Wrong level Re-submit Other

* * * *

Number & Percent Answered

o O.ot o 0.0% 1 11.1%' o 0.0% o 0.0% 8 88.9% a 0.0% o 0.0% a 0.0% o 0.0% a 0.0% o 0.0% o 0.0% o 0.0% o . o. O%' o 0.0% o 0.0% o o.ot o 0.0\ a 0.0% o 0.0% o 0.0% a 0.0% o 0.0% a 0.0% a 0.0%

9 100.0%

100.0%

page: 1 of 1

2764

Number & Percent Granted

o o a o o o a o o o o a o a a o o o a a o o o o o o

o

0.0% 0.0% 0.0% O.ot 0.0% 0.0% 0.0% 0.0% 0.0% O.ot O.ot 0.0% O.ot 0.0% 0.0% 0.0% O.ot O.ot

O.O%' 0.0% 0.0% 0.0% 0.0\ 0.0% 0.0% 0.0%

N/A

0.0%

O( 0.0%> l( 25.0\) l( 25.0\)

Page 29: NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed

(

Date of request: 01/26/96 Summary Period: 18Sep95 thru 24Dec95 'Number· of Months Found: 3

COMMUNITY CORRECTIONS ADMINISTRATIVE RBMBDIBS TRACKING DATA

REGIONAL OFFICE APPEALS FOR: CC: South Central Region

<

N~mber of Inmates in Population: 4020.2688 (average daily over time span) Region: SCR * * * * * * * * * * * * * * * * * * * * * * * * * *

Filed During Period: Filed During Period: Answered During Period: Answered On Time: Average Time for Response:

5 5 3 3 (100. ot)

28.00 days

Pending at End of Period: Pending at End of Period: OVerdue:

2 2 a

REMEDIES INITIATED " * * * * * *

REMEDIES RESOLVED

SUBJECT BREAKDOWN

Classificatn Non-mail Com Ccnun Prgms Staff ,.. "'trol Unit

'Major _ . ..Acatn/Rec

Number & Percent Submitted

o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% 5 83.3% o 0.0%

Number & Percent Rejected

o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0%

Number & Percent Filed

o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * 5 100.0% * o 0.0% *

Number & Percent Answered

o 0.0% a 0.0% o 0.0% o 0.0% o 0.0% 3 100.0% o 0.0%

Number & Percent Granted

o O.ot o 0.0% o O.ot o 0.0% o '0. ot o 0.0% o 0.0%

C' ")cd '" .1St Opera tn Inst Program

o 0.0% o 0.0%

o 0.0% o 0.0%

o 0.0% * o 0.0% o 0.0% * o 0.0%

o 0.0% o o.ot a 0.0%

Le~al Ma1l Srch/Restrnt Spec Housing Transfer CDC/Minor Visiting Work Assign

Dental Care Forced Med Medical Disability Mental Hlth Jail Time Records Sentence Com

o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% 1 16.7% o 0.0% o 0.0%

o o o o o o o o

0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%

TOTALS: 6 100.0% % of Submitted: 100.0% % of Answered:

o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% 1 100.0% o 0.0% o 0.0%

o o o o a a a a

0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%

1 100.0% 16.7%

P~-~on for Rejection: imely O( 0.0%)

0.0%) 0.0%)

informal resolution O{ (' \ttachments 0 ( \ .i/SSS 1/26/1996 12:00 BOP-O

2765

o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * o 0.0% * o o o o o o o o

0.0% * 0.0% * 0.0% * 0.0% * 0.0% * 0.0% • 0.0% * 0.0% *

* 5 100.0% '.

83.3% * *

Wrong level Re-submit Other

o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o 0.0%

o o o a a o a a

0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0\ 0.0%

3 100.0'

100.0\

page: 1 of 1

o 0.0% o o.ot a o.ot o o.ot o o.ot o o.ot o o.ot o o.ot a o o a o o o o

a

0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%

N/A

0.0'

O( 0.0\) 1(100.0') a (, 0 .0\)

Page 30: NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed

D~te of request: 01/26/96 Summary Period: 18Sep9s-thru 24Dec95 Number-of Months Found: 3

COMMUNITY CORRECTIONS ADMINISTRATIVE REMEDIES TRACKING DATA

REGIONAL OFFICE· APPEALS FOR: CC: Western Region

Number of Inmates in Population: 2211.6925 (average daily over time span) Region: WXR * * * * * * * * * * * * * * * * * * * * * * * * * *

Filed During Period: Filed During Period: Answered During Period:

2 2 5

Pending at End of Period: Pending at End of Period: Overdue:

o a a

Answered On Time: Average Time for Response:

5 (100.0%) 12.78 days

REMEDIES INITIATED * *

REMEDIBS RESOLVED

SUBJECT BREAKDOWN

Classificatn Non-mail Com Comm Prgms Staff i t:rol Unit

Major .t:. __ ~atn/Rec '----'od

( at Operatn rnst Program Le$al MaJ.l Srch/Restrnt Spec Housing Transfer CDC/Minor Visiting Work Assign

Dental Care Forced Med Medical Disability Mental Hlth Jail Time Records Sentence Com

Number & Percent Submitted

a 0.0% a o.ot 2 50.0% o o.ot a O.ot 1 25.0% o 0.0% a 0.0% o O.ot a 0.0% o O.ot a 0.0% o 0.0% o 0.0% o 0.0% o 0.0% a 0.0% o 0.0%

o 0.0% a 0.0% o 0.0% 1 25.0% a 0.0% o 0.0% o 0.0% o 0.0%

TOTALS: 4 100.0% % of Submitted: 100.0% tr of Answered:

R' ~on for Rejection:

Number & Percent Rejected

o 0.0% o 0.0% 1 50.0% o 0.0% o 0.0% o 0.0% o O.ot o 0.0% a 0.0% o 0.0% a 0.0% a 0.0% o 0.0% o 0.0% a 0.0% a 0.0% a 0.0% a 0.0%

a 0.0% a 0.0% o 0.0% 1 50.0% o 0.0% o 0.0% a O.ot o 0.0%

2 100.0% 50.0%

imely O( 0.0%) informal resolution O( 0.0%)

,'- t:tachments 2 (100 . O%) (/SSS 1/26/1996 12:00 BOP-O

2766

Number & Percent Filed

o 0.0% * o 0.0% * 1 50.0% * o 0.0% * a 0.0% * 1 50.0% * o 0.0% * a 0.0% * o 0 -.0% * o 0.0% * o 0.0% * o 0.0% * a 0.0% * a 0.0% * o 0.0% * a 0.0% * o 0.0% * o 0.0% *

o 0.0% * a 0.0% * o 0.0% * o 0.0% * a O.ot * o 0.0% * o O.ot * a 0.0% *

* 2 100.0% *

50.0t * *

Wrong level Re-submit Other

* * * *

Number & Percent Answered

a - 0.0% o 0.0% 2 40.0% a 0.0% o 0.0% 3 60.0% o O~O% a 0.0% o 0.0% o 0.0% o 0.0% o 0.0% o O.O\' o 0.0% o 0.0% o 0.0% o 0.0% o 0.0%

o 0.0% o 0.0% o 0.0% o 0.0% a 0.0% a 0.0% o O.ot o 0.0%

5 100.0\

100.0%

page: 1 of 1

Number & Percent Granted

o o a o a a o o o a o o o o o o o o o o o o a o a a o

0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% O.ot 0.0% 0.0% 0.0% o.ot 0.0% o.ot 0.0% O.ot 0.0% o.ot

0.0% o.ot 0.0% O.ot 0.0% O.Ol O.ot O.Ol

N/A

0.0%

O( O.O%) O( 0.0%) 2(100.0%)

Page 31: NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed

1996 QUARTERLY LITIGATION REPORT

FIRST QUARTER

I. SIGNIFICANT HEARINGS AND TRIALS

SOUTH CENTRAL REGION

Ayala v. Reeves County, et aI., P-95-CA-29 (W.O. Tex.) This case went to trial the week of December 11, 1995, and involved allegations by inmates at the Reeves County Law Enforcement Center (a contract facility) that they were assaulted by staff at the Reeves County Jail. The suit sought damages from Reeves County, a number of Reeves County employees, the U. S., and Charles Turnbo. Mr. Turnbo was scheduled to testify at the trial. The case as to Mr. Turnbo was dismissed at the close of the plaintiff's case. The Federal Tort Claims Act (FTCA) claim against the U. S. was also resolved in favor of the U. S., and the jury found in favor of the County defendants.

II. SETTLEMENTS AND AWARDS

NORTH CENTRAL REGION

Harrod v. United States, Civ. No. 92-C-7716 (N.D. ILL.) MCC Chicago The court returned a verdict against the United States of $90,000 in this FTCA medical malpractice case. Plaintiff sued alleging he was given aspirin at MCC Chicago which aggravated the bleeding in his aneurysm.

NORTHEAST REGION

Worthington v. Bureau of Prisons, Civ. No. 89-7048 (S.D. N.Y.) FCIOtisville This FTCA case was brought by a former inmate who alleged improper medical treatment. Worthington was received at FCI Otisville on January 8, 1987 with advanced glaucoma in his left eye and eventually lost the vision in his eye. Case was settled for $190,000. The United States will pay $165,000; the contract optometrist will pay $25,000.

SOUTHEAST REGION

Raoul Chasse v. United States, FGAN, 1 :94-CV -2404-MHS. A civilian sued under the FTC A based on an accident in Atlanta that occurred in 1992 with a rental vehicle driven by a BOP employee on travel status. On November 20, 1995, the case was settled by Budget Rental Car for $3,000.00.

Page 32: NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed

Sherrie Lynn Webb v. U. S., 9S-S0023/RV. FCI Marianna This is an FTCA case filed by an inmate who was incarcerated in FCI Marianna and alleged that she was sexually assaulted by former staff member, Lovett, and that staff failed to take protective action when she reported it. The FTCA case was settled for $200,000.00 and the individual government defendants were dismissed. Only former officer Lovett remains in the case.

Andrew Walker v. U. S., 1 :9S-CV-278-0DE. FTCA property settlement. $20.00

Robert Vestal Davis v. U. S., 9S-S0017/RV. FTCA property settlement. $100.00

WESTERN REGION

Glenn Houston Thomas v. U.S.A., CV-9S-3027/SWV, (C.D. Cal.) USP Terre Haute

This is an FTCA lawsuit. The inmate claimed that medical staff at Terre Haute did not provide proper care for blisters on his feet which resulted in them becoming ulcerated and the eventual amputation of his left foot at Springfield. The case was settled for $7,SOO.

John Stephen Wilson v. U.S.A., CV-93-1077-RAP, (C.D. Cal.) MDC-LA

This is an FTCA lawsuit. The inmate claimed that medical staff did not properly diagnose and treat an injury he sustained to his left ankle. He also claimed that the inadequate diagnosis and treatment caused a subsequent injury to his left knee. Judgment was entered against the U.S. for $SO,OOO.

CENTRAL OFFICE

Washington, et al. v. Reno, et aI., No. 93-217, 93-270, (E.D. Ky.) This is a class action brought by inmates who challenged the BOP's Inmate Telephone System. The case settled on November 3, 1995. The Settlement Agreement provides, among other things, (1) BOP will procure a New Telephone System; (2)for four years from the date of an award of the New Telephone System contract, the BOP will allow inmates to make at least 120 minutes a month of collect calls; (3) while this new phone system is being procured the BOP will maintain the status quo for phone privileges; (4) the BOP will give $4 million to the Commissary Fund to be distributed to federal correctional institutions; (S) the BOP will destroy all copies of the Request for Telephone Privilege form; (6) the BOP will conduct a survey comparing the prices of items sold in commissaries of several correctional institutions with prices similar items sold in community stores; (7) inmates who refuse to participate in the Inmate Financial Responsibility Program will be allowed to make at least 60 minutes of debit phone calls per. month; and (8) the Settlement Agreement will be in effect for four years from the award of a contract for the New Telephone System. Attorneys fees and costs were settled for $617,000, paid by the Bureau of Prisons.

2

Page 33: NOM om - Prison Legal News...Arturo Gardea v. United States -Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff! Appellant, who was not a government employee, but was employed

III. CASES OF INTEREST

NORTHEAST REGION

Malik v. Wilkerson, No. 94-1606 (3d Cir. 1995) FCI Otisville The Third Circuit reversed a district court order and granted a mandamus petition filed by Inmate Adbul-Jabbor Malik, 80768-054. The district court had ordered expunction of three DHO findings from June 1993, two for assault on staff, and one for threatening staff. In an unpublished decision, the Court of Appeals held that under Sandin v. Conner, 115 S. Ct. 2293 (1995), there were no constitutional violations in this case.

Deutsch v. United States, 67 F.3d 1080 (3d Cir. 1995) Inmate Deutsch filed for in fonna pauperis (IFP) status in conjunction with a FTCA complaint in which he alleged that Bureau of Prisons staff took his pens worth $4.20. The district court granted IFP status, but dismissed the complaint as frivolous since it only sought a "trifle" amount of damages, and was not worth consideration by the court. The Third Circuit affirmed.

SOUTH CENTRAL REGION

Arturo Gardea v. United States - Civ. No. 95-50310 (S.D. Tex.) (5th Cir. 1995) Plaintiff/Appellant, who waS not a government employee, but was employed by an independent

contractor, was injured while working at FPC EI Paso, and filed this FTCA action. The district court granted our motion for summary judgment because the plaintiff was not an employee of the government, but rather was an employee of a construction company with whom the government had contracted. The Fifth Circuit affinned the district court decision, holding that the government was not liable because of the independent contractor exception to the FTCA.

Rounsavall v. USA - B-95-163 (S.D. Tex.) FPC Bryan A former inmate filed an FTCA suit based on alleged rape by a former correctional officer at FPC Bryan. We denied the administrative claim based on scope of employment considerations, and will raise the same defense in the litigation. The fonner correctional officer pled guilty to a lesser charge in connection with this assault.

SOUTHEAST REGION

U.S. v. Battle An indictment was issued on November 21, 1995. The charges involve the stabbing death of a USP Atlanta Correctional Officer in December, 1994. Arraignment was on December 4, 1995 .

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LITIGATION - 19. 1ST QUARTER REPORT

Loe NOM He FTC BIV om ANS PEN CLD H/T AWD SET AWD/SET

MXR 40 12 5 16 7 44 277 25 1 0 0 $ 0.00

NCR 76 33 *0 35 1 76 48 28 0 0 1 $ 90,000.00

HER 81 28 9 41 3 60 540 81 3 0 1 $ 165,000.00

SCR 44 23 6 12 3 25 293 8 **5 0 0 $ 0.00

SER 46 15 10 17 4 40 546 57 0 0 4 $ 203,120.00

WXR 45 18 4 21 2 0 333 141 3 0 2 $ 57,500.00

co 8 2 0 0 0 0 0 0 0 0 0 $ 617,000.00

TOT 340 131 34 142 20 245 2,037 346 12 0 5 $ 1,075,120 L

**One case was reported several times in previous monthly reports due to rescheduling of the hearing.

DEFINITIONS

LOC - Location NOM - Total Number of Lawsuits Filed in Quarter HC - Number of Habeas Corpus Actions Filed in Quarter FTC - Number of FTCA Actions Filed in Quarter BIV - Number of Bivens Actions Filed in Quarter OTH - Other Actions Filed in Quarter ANS - Number of Litigation Reports Completed PEN - Number of Actions Pending CLD - Number of Actions Closed H/T - Number of Hearings or Trials (Narrative Analysis Follows) AWD - Number of Awards (Narrative Analysis Follows) SET - Number of Settlements (Narrative Analysis Follows) AWD/SET - Dollar Amount of Settlements and Awards * - These are estimates due to database problems

LITIGATION ANALYSIS There was a reduction in the number of lawsuits filed since the previous quarter with 358 being filed in the fourth quarter and 340 filed this quarter. The number of FTCA and Bivens actions dropped this quarter. The dollar amount of awards/settlements decreased by approximately $490,000.